![]() ![]() If the incapacitated individual needs a guardian, the judge will select (appoint) a suitable guardian who is willing to serve. The judge must find by clear and convincing evidence two things: (1) the individual lacks the understanding or capacity to make or communicate informed decisions, and (2) the appointment of a guardian is necessary to provide for the individual's continuing care and supervision. This person will submit a full report to the court, including what he or she recommends for the individual.Īt the hearing on the petition, the judge will determine whether a guardianship is needed. This person can be the guardian ad litem, or it can be a physician or mental health professional. The court may appoint someone to investigate the facts in the petition before the hearing date. The guardian ad litem will tell the individual the name of the person who requested the guardianship and who might be appointed as a guardian.ĭoes the Court Investigate the Facts Stated in the Petition? The guardian ad litem will also ask the individual what he or she wants the court to do about the petition. The guardian ad litem will personally visit the incapacitated individual and explain certain things, including what has been requested in the petition, the incapacitated individual's rights, and what can happen at the hearing. The incapacitated individual and these interested persons are entitled to object to the appointment of a guardian. These people are 1) the individual's spouse, 2) a person named as the individual's agent in a durable power of attorney, 3) the individual's children (or, if the individual has no children, the individual's parents), and 4) if there is one, the individual's guardian or conservator appointed by a court in another state. The petitioner will also mail copies of the petition and notice of the hearing to certain people (called "interested persons"). ![]() The petitioner will make sure the incapacitated individual is personally given a copy of the petition and a notice of the hearing. Who Gets Copies of the Hearing Notice and Petition? Before the hearing date, the court may also order the individual to be examined by a physician or mental health professional and to submit a report to the court about the individual's condition. The court will appoint a guardian ad litem to represent the incapacitated individual, unless the individual has his or her own attorney. Michigan Court Rules require that this be done in a certain way. The petitioner must deliver copies of the petition to certain people before the hearing date. The probate court clerk schedules a hearing date for a judge to consider the petition. The person that files the petition is known as the "petitioner." The petition states details about why a guardian is needed. The incapacitated individual, or a person interested in the welfare of the incapacitated individual, may file the petition. Who Can File a Petition for Guardianship? The petition must be filed in the probate court in the county where the individual lives or is located. To make a request to the court, a concerned person must file a request on a legal document called a petition. ContentsĪ guardian is appointed by the probate court at the request of a concerned person (petitioner) and after a hearing is held to consider the request. The following information does not address that type of guardianship. If an individual has a disabling condition that began before the age of 22, and the condition is likely to continue indefinitely, then a guardian is appointed under a different set of laws. A guardianship or conservatorship will limit an incapacitated adult's legal right to handle his or her own matters and can cost the incapacitated adult time and money. One person can be both the guardian and the conservator for an incapacitated adult. A conservator takes care of an incapacitated adult's property (see Conservatorship). A guardian takes care of an incapacitated adult's personal needs. If the incapacitated person has a Durable Power of Attorney or a Designation of Patient Advocate, then a guardian and/or conservator may not be necessary. A person who loses this ability is called "incapacitated." When an incapacitated person lacks the understanding or ability to make or communicate informed decisions, the individual may need the help of a guardian or conservator. The following explains Michigan guardianship for a formerly competent adult who loses the ability to take care of him or her self properly. ![]() Provided by the Probate & Estate Planning Section of the State Bar of Michigan ![]()
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